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/r'I- .2mo5'-o~7 <br />tMQNT OF TH <br />~~ ~~m United States Department of the Interior ~`Oi <br />y A <br />~ 9 <br />FISH A~1D WILDLIFE SERVICE <br />y-0ncH a,. ~e'9 -Ecological Services <br />75~ Parfet Street, Suite 361 <br />Lakewood, Colorado 80215-5599 <br />IN REPLY REFER TO: <br />ES/CO: T&E/Concurrence REC.E:O~F~ <br />MS 65412 LK <br />SAY i 5 20Q5 <br />Alex Schatz / <br />Banks and Gesso, LLC ~/ <br />720 Kipling Street, Seine 117 <br />- - - -L-akewood; Colorado 802h - -- ~ - - <br />Dear Mr. Schatz: <br />DEB 0 91006 <br />Division of Minerals and Geology <br />The U.S. Fish and Wildlife Service (Service) received your letter of August 11, 2005, regarding <br />the NIlVII2.R Quarry project, Sections 23, 25, and 26, Township 3 South, Range 72 West, in <br />Gilpin County, Colorado. You requested our comments on threatened or endangered species, or <br />other species of concern located in the vicinity of the project. The following comments have <br />been prepared based on the authority conferred to the Service by the Endangered Species Act of <br />1973, as amended (50 CFR §402.14); the Migratory Bird Treaty Act (16 U.S.C. 703) (NIBTA), <br />and Bald and Golden Eagle Protection Act (16 U.S.C. 668) (BGEPA). <br />Previously, we provided you with a list of list of Federal endangered, threatened, proposed, and <br />candidate species, by county, in Colorado. While listed species occur in Gilpin County, we have <br />no specific knowledge that would suggest their occurrence on or use of the project site. <br />Regarding other wildlife, please be apprized of the potential application of the MBTA and <br />BGEPA to your project. Under the MBTA, any activities that would result in the take of <br />migratory birds, eggs, young, and/or active nests should be avoided. The BEPA prohibits <br />knowingly taking, or taking with wanton disregard for the consequences of an activity, any bald <br />or golden eagles or their body parts, nests, or eggs, which includes collection, molestation, <br />disturbance, or killing. <br />Although the provisions of M$TA are applicable year-round, most migratory bird nesting <br />activity in eastern Colorado occurs during the period of April 1 to August 15. However, some <br />migratory birds are known to nest outside of the primary nesting season period. For example, <br />raptors can be expected to nest in woodland habitats February 1 through July 15. If proposed <br />work is planned to occur during the primary nesting season or at any other time that may result in <br />the take of nesting migratory birds, the Service recommends that the project proponent (or <br />construction contractor) arrange to have a qualified biologist conduct a field survey of the <br />affected habitats to determine the absence or presence of nesting migratory birds. It is further <br />recommended that the results of field surveys for nesting birds, along with information regarding <br />the qualifications of the biologist performing the surveys, be thoroughly documented and that <br />c~/1'J <br />